Bennett v. Taylor

The court rules that completion of a 4.5-mile highway segment in Clinton, Louisiana, to be funded exclusively by the state, is neither a "major Federal action" under the National Environmental Policy Act (NEPA) nor federal action for purposes of the National Historic Preservation Act (NHPA). With the exception of this segment, virtually the entire highway, referred to as Louisiana 67, had been improved with the aid of federal funds prior to NEPA's enactment. Notwithstanding that Louisiana proposes to complete this project using state funds only, plaintiffs contend that Louisiana 67 is an ongoing project that must be considered in its entirety and thus it is improper to segment the remaining 4.5 miles from the rest of the project. The court rejects this argument and holds that in order to find there has been improper segmentation requiring that the separately funded state project be subjected to the NEPA process, there must have been major federal involvement in the same project after NEPA was enacted. The court concludes that segmentation was proper because construction of the 4.5-mile portion is separate and distinct from the federally funded improvements of other parts of Louisiana 67. Moreover, the disputed segment was properly distinguished from the other projects because it has logical termini and an independent purpose. The court also rejects plaintiffs' argument that federal participation in the development of the project prior to 1970 has irrevocably "federalized" this project thus requiring compliance with NEPA. Finally, the court rules that their finding of no federal action also makes the NHPA inapplicable.